Questions Answered by Bruce Martin Broyles
Q: I've been told that my residence is illegal that I just bought. Now what?
Bruce Martin Broyles' answer
Many zoning laws have been recently enacted or amended within the last twenty years. The second dwelling may be a non-conforming use. A use that was allowed prior to the recent zoning but is no longer allowed. (Many refer to this a "grandfathered"). You may also be able to obtain a zoning variance that would allow an exception to the current zoning ordinance so that the second dwelling would be allowed to be used. The second dwelling may simply not be up to local building codes....
Many zoning laws have been recently enacted or amended within the last twenty years. The second dwelling may be a non-conforming use. A use that was allowed prior to the recent zoning but is no longer allowed. (Many refer to this a "grandfathered"). You may also be able to obtain a zoning variance that would allow an exception to the current zoning ordinance so that the second dwelling would be allowed to be used. The second dwelling may simply not be up to local building codes....
Q: What happens when a cancelled corporation owns real estate ? Corp was cancelled by the state in 2011. Buyer waiting.
Bruce Martin Broyles' answer
The easier course of action would be to simply reinstate the corporation. If it is an Ohio corporation simply visit the Ohio Secretary of State website and find the form to reinstate. They website changes so often no one will be able to guide you directly to the forms, but you should be able to find it.
The easier course of action would be to simply reinstate the corporation. If it is an Ohio corporation simply visit the Ohio Secretary of State website and find the form to reinstate. They website changes so often no one will be able to guide you directly to the forms, but you should be able to find it.
Q: In a civil case against my husband can they come after assets that are soley in my name and not his, since we married?
Bruce Martin Broyles' answer
No. However, you need to be certain that it is your separate property. Most personal property is not held by a title. Funds in a joint bank account lose their separate identity. In addition, you must be aware of fraudulent transfers as suggested by others on this site.
No. However, you need to be certain that it is your separate property. Most personal property is not held by a title. Funds in a joint bank account lose their separate identity. In addition, you must be aware of fraudulent transfers as suggested by others on this site.
Q: A septic system is to be replaced in a timely manner, what does timely manner mean?
Bruce Martin Broyles' answer
"Timely manner" most likely has no well defined meaning. You should have an attorney draft this provision to set forth a time period which may or may not be extended due to circumstances beyond the seller's control
"Timely manner" most likely has no well defined meaning. You should have an attorney draft this provision to set forth a time period which may or may not be extended due to circumstances beyond the seller's control
Q: If a condominium unit is foreclosed in Ohio, must the mortgage company pay the assessment?
Bruce Martin Broyles' answer
If you are the condo association and the unit has unpaid assessments, you should have filed a lien and the association would be named in the foreclosure action.
You can file a lien and bring your own foreclosure action, or you could simply file an action to personally collect the assessment from the current unit owner
If you are the condo association and the unit has unpaid assessments, you should have filed a lien and the association would be named in the foreclosure action.
You can file a lien and bring your own foreclosure action, or you could simply file an action to personally collect the assessment from the current unit owner
Q: Buying parent's house w/ no agnt & bank asked for purchase contract. Do I need to hire real estate lawyer for contract?
Bruce Martin Broyles' answer
Short Answer: Yes, you could purchase your mother's house using an on-line file in the blank purchase agreement.
An attorney is rarely needed when things go smoothly and there are no disagreements. However, if an issue comes up or there is a disagreement then you will wish you had used at least one attorney, if not one attorney for each of you. This is especially true if there are other family members who may have an interest or an expected interest in your mother's assets. After...
Short Answer: Yes, you could purchase your mother's house using an on-line file in the blank purchase agreement.
An attorney is rarely needed when things go smoothly and there are no disagreements. However, if an issue comes up or there is a disagreement then you will wish you had used at least one attorney, if not one attorney for each of you. This is especially true if there are other family members who may have an interest or an expected interest in your mother's assets. After...
Q: I bought a home four months ago and the seller did not disclose that there was serious drainage/flooding. He flipped
Bruce Martin Broyles' answer
There may be an exception to the Seller disclosure statement if the seller did not reside in the house. However, if you can prove that he was aware of the issue then the Seller disclosure statement is not a factor. The key will be the language of the purchase agreement. If you purchased "as is", then the Seller is not required to disclose, but an as is clause does not prevent a claim for fraud. A claim for fraud would exist if he knew and falsely answered an inquiry into the subject....
There may be an exception to the Seller disclosure statement if the seller did not reside in the house. However, if you can prove that he was aware of the issue then the Seller disclosure statement is not a factor. The key will be the language of the purchase agreement. If you purchased "as is", then the Seller is not required to disclose, but an as is clause does not prevent a claim for fraud. A claim for fraud would exist if he knew and falsely answered an inquiry into the subject....
Q: Can my landlord deduct “cleaning apartment” and “carpet from my deposit?
Bruce Martin Broyles' answer
You can dispute the charges by filing a small claims complaint. If your landlord is found to have wrongfully withheld your deposit you can recover treble damages and your attorney fees. However, it will be difficult for you to establish the condition of the apartment at the time you vacated unless you photographed the apartment on your way out.
You can dispute the charges by filing a small claims complaint. If your landlord is found to have wrongfully withheld your deposit you can recover treble damages and your attorney fees. However, it will be difficult for you to establish the condition of the apartment at the time you vacated unless you photographed the apartment on your way out.
Q: if i take care of vacant lot. for over 7 years.can i claim it as my owen..
Bruce Martin Broyles' answer
UOU ARE ATTEMPTING TO ASSERT A CLAIM OF ADVERSE POSSESSION.
In order to successfully assert a claim for adverse possession your possession must be adverse, open , obvious, and continuous for a period of 21 years. Cutting the grass for 10 years is not long enough and probably is not adverse open or obvious to the actual owner.
In order to strengthen your position you should write a letter to the owner that you have been using the property as yours and that you intend to use...
UOU ARE ATTEMPTING TO ASSERT A CLAIM OF ADVERSE POSSESSION.
In order to successfully assert a claim for adverse possession your possession must be adverse, open , obvious, and continuous for a period of 21 years. Cutting the grass for 10 years is not long enough and probably is not adverse open or obvious to the actual owner.
In order to strengthen your position you should write a letter to the owner that you have been using the property as yours and that you intend to use...
Q: can the owner of a property who granted an easement to another for a private driveway use the driveway (more information
Bruce Martin Broyles' answer
A "servient tenement" is the land that is subject to the easement. A "dominant tenement" is the land that is benefitted by the easement. The owner of the servient tenement has full use to the land to the extent that the use is not inconsistent with the easement owner's reasonable enjoyment of the easement.
A "servient tenement" is the land that is subject to the easement. A "dominant tenement" is the land that is benefitted by the easement. The owner of the servient tenement has full use to the land to the extent that the use is not inconsistent with the easement owner's reasonable enjoyment of the easement.
Q: Is there a "lemon law" per say on houses? We just found a serious issue after buying in December 2016 that was "covered"
1 Answer
| Asked
in
Construction Law, Contracts and Real Estate Law
for
Ohio
on
Answered on Jun 1, 2018
Answered on Jun 1, 2018
Bruce Martin Broyles' answer
In Ohio, the seller of a home can be held liable for actively concealing defects in the property. The active concealment would constitute fraud and your statute of limitations does not begin to run until the fraud is discovered. Your claim is very dependent upon facts and what evidence you will be able to prove those facts. First, you state: The basement had been freshly painted prior to showing with a very thick paint..." You will have to demonstrate that the basement was painted shortly...
In Ohio, the seller of a home can be held liable for actively concealing defects in the property. The active concealment would constitute fraud and your statute of limitations does not begin to run until the fraud is discovered. Your claim is very dependent upon facts and what evidence you will be able to prove those facts. First, you state: The basement had been freshly painted prior to showing with a very thick paint..." You will have to demonstrate that the basement was painted shortly...
Q: I signed a document stating that my neighbor could put a fence without a survey being done.
Bruce Martin Broyles' answer
The document you signed needs to be reviewed. It depends on the language of the document as to whether you can have the fence removed. The real property still belongs to you (unless the language of the document states something different), and your neighbor cannot make any claim to the property by adverse possession as you voluntarily allowed the fence to be placed there.
The document you signed needs to be reviewed. It depends on the language of the document as to whether you can have the fence removed. The real property still belongs to you (unless the language of the document states something different), and your neighbor cannot make any claim to the property by adverse possession as you voluntarily allowed the fence to be placed there.
Q: I am considering offering a rent to own option on my house. Should rent be higher because it goes towards purchase pric
Bruce Martin Broyles' answer
This is an issue that can be negotiated but it is important that you expressly state the amount of the monthly payment; the amount that is to be considered "rent"; the amount that is to be paid as principal; the amount that is to be paid as interest, and the amount that is to be applied to any other item.
R.C. Chapter 5313 sets forth the terms that must be included as part of a land installment contract.
This is an issue that can be negotiated but it is important that you expressly state the amount of the monthly payment; the amount that is to be considered "rent"; the amount that is to be paid as principal; the amount that is to be paid as interest, and the amount that is to be applied to any other item.
R.C. Chapter 5313 sets forth the terms that must be included as part of a land installment contract.
Q: does a homeowner have 7days to cut their lawn after given a 7day notice by township total being 14days
Bruce Martin Broyles' answer
The notice would have to be reviewed, but I would imagine that the homeowner had seven days from the date the notice was posted.
The notice would have to be reviewed, but I would imagine that the homeowner had seven days from the date the notice was posted.
Q: My brother age 72 passed away with seven months remaining on his lease. Is his estate required to pay early termination?
Bruce Martin Broyles' answer
I would have your probate attorney address this issue. The landlord will have to timely make a claim and then the executor can reject the claim. This will then place the burden on the landlord to file a complaint to recover funds. I was unable to find any authority discussing the estate's liability for future rents.
I would have your probate attorney address this issue. The landlord will have to timely make a claim and then the executor can reject the claim. This will then place the burden on the landlord to file a complaint to recover funds. I was unable to find any authority discussing the estate's liability for future rents.
Q: is it possible as a buyer to get out of contract
Bruce Martin Broyles' answer
Have an attorney review the purchase agreement. It may be contingent upon financing. The language is often vague enough to allow you to cancel the contract. There may also be inspection contingencies that would allow you to cancel the contract.
Have an attorney review the purchase agreement. It may be contingent upon financing. The language is often vague enough to allow you to cancel the contract. There may also be inspection contingencies that would allow you to cancel the contract.
Q: I am a landlord who's tenant is breaking a one year lease after 2 months. They are being extremely combative.
Bruce Martin Broyles' answer
I agree with Mr Mathews. You should document all your efforts to prepare the premises to be rented and your efforts to find a new tenant. I recently saw a decision in which the Magistrate found that "future" damages was speculative, so I would attempt to delay the second cause of action until you find a new tenant.
I agree with Mr Mathews. You should document all your efforts to prepare the premises to be rented and your efforts to find a new tenant. I recently saw a decision in which the Magistrate found that "future" damages was speculative, so I would attempt to delay the second cause of action until you find a new tenant.
Q: Funeral home director refused to pay the family the remaining balance received from the nursing home after all exp paid
Bruce Martin Broyles' answer
If there are funds being held that are not due and owing, the funeral home has converted funds or breached the contract you had with it. An attorney should review thd contract as well as the instrument by which the nursing home transferred funds to the funeral director
If there are funds being held that are not due and owing, the funeral home has converted funds or breached the contract you had with it. An attorney should review thd contract as well as the instrument by which the nursing home transferred funds to the funeral director
Q: Investment Co. Purchased house next door and had company cut down a tree in our front yard! How should I proceed?
1 Answer
| Asked
in
Real Estate Law, Civil Litigation and Small Claims
for
Ohio
on
Answered on May 11, 2018
Answered on May 11, 2018
Bruce Martin Broyles' answer
File a lawsuit. The company trespassed and caused damage to your yard. In addition cutting down an ornamental decorative tree can result in trble damages in Ohio.
File a lawsuit. The company trespassed and caused damage to your yard. In addition cutting down an ornamental decorative tree can result in trble damages in Ohio.
Q: How long do I have to file a breach of contract claim in a Cleveland-based construction law dispute?
Bruce Martin Broyles' answer
The statute of limitations for a breach of oral contract claim is six years. R.C. 2305.07. "The cause of action arises when the plaintiff discovers the omission to perform as agreed in the oral contract." Aluminum Line Prods. Co. v. Brad Smith Roofing Co., 109 Ohio App.3d 246, 258, 671 N.E.2d 1343 (8th Dist.1996).
The Ohio General Assembly amended R.C. 2305.06, effective September 28, 2012, and the amended version now states in part that an action on a contract or promise in writing...
The statute of limitations for a breach of oral contract claim is six years. R.C. 2305.07. "The cause of action arises when the plaintiff discovers the omission to perform as agreed in the oral contract." Aluminum Line Prods. Co. v. Brad Smith Roofing Co., 109 Ohio App.3d 246, 258, 671 N.E.2d 1343 (8th Dist.1996).
The Ohio General Assembly amended R.C. 2305.06, effective September 28, 2012, and the amended version now states in part that an action on a contract or promise in writing...
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